JACKSON CITY COUNCIL MEETING
MINUTES
APRIL 10, 2012
CALL TO ORDER.
The Jackson City Council met in regular session in City Hall and was called to order at 7:00 p.m. by Mayor Martin J. Griffin.
PLEDGE OF ALLEGIANCE – INVOCATION.
The Council joined in the pledge of allegiance. The invocation was given by Councilmember Frounfelker.
ROLL CALL.
Present: Mayor Martin J. Griffin and Councilmembers Carl L. Breeding, Kimberly Jaquish, Laura Dwyer Schlecte, Andrew R. Frounfelker and Derek J. Dobies—6. Absent: Councilmember Daniel P. Greer--1.
Also present: City Manager Larry Shaffer, City Attorney Julius A. Giglio, City Clerk Lynn Fessel, Deputy Fire Chief Dave Wooden, Police Chief Matt Heins, City Assessor David Taylor, City Engineer Jon Dowling and Deputy City Manager/Community Development Director Patrick Burtch.
AGENDA.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Dobies to adopt the agenda, as amended, with speeches presented prior to Citizen Comments. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Jaquish, Schlecte, Frounfelker and Dobies—6. Nays: 0. Absent: Councilmember Greer--1.
PRESENTATIONS/PROCLAMATIONS.
A.
PRESENTATION OF SPEECHES BY THREE FIRST PLACE WINNERS OF THE HUMAN RELATIONS COMMISSION 22ND ANNUAL TERESSA T. DELPH ESSAY/ORATORICAL CONTEST.
3RD & 4TH GRADES – NATHAN ROSENBERG, 4TH GRADE, DIBBLE ELEMENTARY SCHOOL.
5TH & 6TH GRADES – SOFIA SILVESTRI, 6TH GRADE, NAPOLEON MIDDLE SCHOOL.
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8TH – 12TH GRADES – AVERY BLANKS, 12TH GRADE, JACKSON HIGH SCHOOL
Nathan Rosenberg and Sofia Silvestri presented their award winning speeches. Avery Blanks was not present.
CITIZEN COMMENTS.
Mark Baker of Career Quest Learning Centers announced that they have been approved to offer their first associates program, which gives them college status. He introduced Tamiko Ogburn, Executive Director of their Jackson Campus.
CONSENT CALENDAR.
Councilmember Frounfelker requested Items D and E be removed for separate consideration. Motion was made by Councilmember Frounfelker and seconded by Councilmember Dobies to approve the following Consent Calendar, with Items D and E removed for separate consideration. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Jaquish, Schlecte, Frounfelker and Dobies—6. Nays: 0. Absent: Councilmember Greer--1. Consent Calendar
A.
Approval of the minutes of the regular City Council meeting of March 27, 2012.
B.
Approval of the request from Daryl’s Downtown LLC, for authorization for temporary added space and temporary entertainment permit on May 25, June 22, June 29, July 6, July 13, July 20, July 27, August 3, August 10, August 17, August 24, and September 28, 2012, for a series of events. (Recommended approval received by the Police, Fire, Parks & Recreation Departments, and the Downtown Development Authority. Proper insurance has been obtained.)
C.
Approval of the request from The Crazy Cowboy to conduct their annual Big Truck Event on Mechanic Street between Cortland and Washington, and Cortland between Francis and Jackson, on Saturday, June 16, 2012, from 2:00 p.m. to 4:00 p.m. (Recommended approval received by the Police, Fire, Engineering, Public Works, Parks & Recreation Departments, and the Downtown Development Authority. Contingent upon receipt of proper insurance coverage.)
D.
Item removed for separate consideration.
E.
Item removed for separate consideration.
F.
Approval of the request to award an owner occupied rehabilitation contract to Concept Construction in the amount of $21,731.00, for property located at 416 Dewey Street.
G.
Receipt of a petition circulated by Donald Bendzinski to vacate a 16.5 foot wide alley running east & west 232 feet from the east line of N. Blackstone Street to the west line of Blackman Avenue and lying south of lots 10 & 13 and north of lots 9 & 27, Block 2 Durand’s Addition and referral to staff for appropriate action.
CONSENT CALENDAR ITEM D.
Approval of the request from The Crazy Cowboy to conduct their Annual Race Weekend Event on Mechanic Street between Cortland and Washington on June 15-17, 2012, from 6:00 p.m. to 1:00 a.m., and 8:00 p.m. to 1:00 a.m. (Recommended approval received by the Police, Fire, Engineering, Public Works, and Parks & Recreation Departments and the Downtown Development Authority. Contingent upon receipt of proper insurance coverage.)
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Motion was made by Councilmember Frounfelker and seconded by Councilmember Schlecte to approve the request from The Crazy Cowboy to conduct their Annual Race Weekend Event on Mechanic Street between Cortland and Washington on June 15-17, 2012, from 6:00 p.m. to 1:00 a.m., and 8:00 p.m. to 1:00 a.m. This event is contingent upon receipt of the proper insurance coverage, as the insurance company requires purchase of non-refundable special event insurance. Also add the following conditions: Any markings on the pavement/sidewalk must be done in a temporary marker, such as chalk. Applicant is responsible for the removal/clean-up of trash, garbage and debris. All expenses realized by the City for set-up and take-down not associated with a community event will be reimbursed to the City by the applicant. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Jaquish, Schlecte, Frounfelker and Dobies—6. Nays: 0. Absent: Councilmember Greer—1.
CONSENT CALENDAR ITEM E.
Approval of the request from The Crazy Cowboy to conduct their Annual Race Weekend Events on Mechanic Street between Cortland and Washington on August 17-19, 2012, from 6:00 p.m. to 1:00 a.m., and 8:00 p.m. to 1:00 a.m. (Recommended approval received by Police, Fire, Engineering, Public Works, and Parks & Recreation Departments and the Downtown Development Authority. Contingent upon receipt of proper insurance coverage.)
Motion was made by Councilmember Frounfelker and seconded by Councilmember Dobies to approve the request from The Crazy Cowboy to conduct their Annual Race Weekend Event on Mechanic Street between Cortland and Washington on August 17-19, 2012, from 6:00 p.m. to 1:00 a.m., and 8:00 p.m. to 1:00 a.m. This event is contingent upon receipt of the proper insurance coverage, as the insurance company requires purchase of non-refundable special event insurance. Also add the following conditions. Any markings on the pavement/sidewalk must be done in a temporary marker, such as chalk. Applicant is responsible for the removal/clean-up of trash, garbage and debris. All expenses realized by the City for set-up and take-down not associated with a community event will be reimbursed to the City by the applicant, and finally reimbursement for the June event is to be paid prior to this event. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Jaquish, Schlecte, Frounfelker and Dobies—6. Nays: 0. Absent: Councilmember Greer—1.
COMMITTEE REPORTS
A.
RECEIPT OF THE FINANCE/TAX POLICY COMMITTEE REPORT.
Councilmember Frounfelker highlighted the March 28 report and gave a verbal report of the April 10 Committee meeting. Motion was made by Councilmember Frounfelker and seconded by Councilmember Dobies to receive the reports. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Jaquish, Schlecte, Frounfelker and Dobies—6. Nays: 0. Absent: Councilmember Greer--1.
B.
RECEIPT OF THE CITY AFFAIRS/RULES AND PERSONNEL COMMITTEE REPORT.
Motion was made by Councilmember Breeding and seconded by Councilmember Schlecte to receive the report and that, respectively, the City Attorney and the City Clerk be assigned as staff support for the City Affairs/Rules and Personnel Committee. The motion
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was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Jaquish, Schlecte, Frounfelker and Dobies—6. Nays: 0. Absent: Councilmember Greer--1.
APPOINTMENTS.
None.
PUBLIC HEARINGS.
A.
PUBLIC HEARING ON THE APPLICATION FOR AN INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE FILED BY DIE-NAMIC TOOL & DESIGN, LLC, 147 HOBART STREET.
Mayor Griffin opened the public hearing. Robert Whiting, owner of Die-Namic Tool & Design, discussed the addition of jobs and stated that this is just the first step of an expansion plan. The Mayor closed the public hearing.
1.
RESOLUTION APPROVING THE APPLICATION. (CITY FINANCE/TAX POLICY COMMITTEE RECOMMENDS APPROVAL.)
Motion was made by Councilmember Frounfelker and seconded by Councilmember Dobies to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Jaquish, Schlecte, Frounfelker and Dobies—6. Nays: 0. Absent: Councilmember Greer--1.
B.
PUBLIC HEARING ON THE APPLICATION FOR AN INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE FILED BY ALRO RIVERSIDE, LLC, 2425 E. HIGH STREET.
Mayor Griffin opened the public hearing. Chris Leavitt, from Alro Steel, and Chris Miller, from Alro Riverside, briefly discussed their project and asked the Council for their support. The Mayor closed the public hearing.
1.
RESOLUTION APPROVING THE APPLICATION. (CITY FINANCE/TAX POLICY COMMITTEE RECOMMENDS APPROVAL.)
Motion was made by Councilmember Jaquish and seconded by Councilmember Schlecte to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Jaquish, Schlecte, Frounfelker and Dobies—6. Nays: 0. Absent: Councilmember Greer--1.
RESOLUTIONS.
A.
CONSIDERATION OF A CORRECTIVE RESOLUTION FOR SPECIAL ASSESSMENT ROLL NO. 4205 FOR DELINQUENT MISCELLANEOUS GENERAL FUND ACCOUNTS RECEIVABLE, CONFIRMED ON MARCH 27, 2012.
Motion was made by Councilmember Breeding and seconded by Councilmember Frounfelker to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Jaquish, Schlecte, Frounfelker and Dobies—6. Nays: 0. Absent: Councilmember Greer--1.
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B.
CONSIDERATION OF A RESOLUTION TO APPROVE AN APPLICATION TO THE MICHIGAN DEPARTMENT OF TRANSPORTATION (MDOT) FOR LOCAL BRIDGE PROGRAM FUNDING, AND AUTHORIZATION FOR THE CITY CLERK TO EXECUTE THE RESOLUTION, AND FOR THE CITY ENGINEER/DIRECTOR OF PUBLIC WORKS TO FILE AN APPLICATION FOR THE LEWIS STREET BRIDGE OVER THE GRAND RIVER.
Motion was made by Councilmember Breeding and seconded by Councilmember Dobies to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Jaquish, Schlecte, Frounfelker and Dobies—6. Nays: 0. Absent: Councilmember Greer--1.
ORDINANCES.
A.
CONSIDERATION OF AN ORDINANCE REVISING CHAPTER 5, SECTION 5-3, CITY CODE, REGULATION OF THE DEMOLITION OF STRUCTURES.
Motion was made by Councilmember Frounfelker and seconded by Mayor Griffin to approve the ordinance and place it on the next regular City Council meeting agenda for adoption. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Jaquish, Schlecte, Frounfelker and Dobies—5. Nays: Councilmember Breeding--1. Absent: Councilmember Greer—1.
1.
CONSIDERATION OF A RESOLUTION ESTABLISHING FEES ASSOCIATED WITH THE DEMOLITION OF STRUCTURES SECTION OF THE BUILDINGS AND BUILDING REGULATIONS, IN CHAPTER 5 OF THE CITY OF JACKSON CODE OF ORDINANCES.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Schlecte to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Schlecte, Frounfelker and Dobies—4. Nays: Councilmembers Breeding and Jaquish--2. Absent: Councilmember Greer—1.
B.
FINAL ADOPTION OF ORDINANCE NO. 2012.5, AMENDING CHAPTER 28, CITY CODE, TO CONSOLIDATE AND REPLACE SEC. 28-121 THRU –125, AND SEC. 28-127 THRU –129 – NONCONFORMING LOTS, STRUCTURES AND USES OF STRUCTURES AND LAND – WITH A NEW SEC. 28-121, AND TO AMEND THE FOLLOWING SECTIONS OF THE ZONING ORDINANCE IN ORDER TO ACCOMMODATE THE NEW PROVISIONS: SEC. 28-5, SEC. 28-71, AND SEC. 28-79. (CITY PLANNING COMMISSION AND STAFF RECOMMEND APPROVAL.)
Motion was made by Councilmember Dobies and seconded by Councilmember Schlecte to adopt Ordinance No. 2012.5. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Schlecte, Frounfelker and Dobies—4. Nays: Councilmembers Breeding and Jaquish—2. Absent: Councilmember Greer—1.
C.
FINAL ADOPTION OF ORDINANCE NO. 2012.6, AMENDING CHAPTER 17, ARTICLE IX, CITY CODE, TO DEFINE GRAFFITI OFFENSES, TO PROVIDE FOR THE REMOVAL OF GRAFFITI, AND TO PROVIDE PENALTIES FOR
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GRAFFITI. (CITY AFFAIRS/RULES & PERSONNEL COMMITTEE RECOMMENDS APPROVAL AND FINAL ADOPTION.)
Motion was made by Councilmember Schlecte and seconded by Councilmember Dobies to adopt Ordinance No. 2012.6. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Schlecte, Frounfelker and Dobies—5. Nays: Councilmember Jaquish—1. Absent: Councilmember Greer—1.
OTHER BUSINESS.
None.
NEW BUSINESS.
A.
CONSIDERATION OF THE RECOMMENDATION FROM THE CITY MANAGER TO CONFIRM THE APPOINTMENT OF KELLI HOOVER AS THE CITY DIRECTOR OF PARKS, RECREATION, AND GROUNDS EFFECTIVE APRIL 11, 2012.
Motion was made by Councilmember Schlecte and seconded by Councilmember Dobies to approve the recommendation. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Jaquish, Schlecte, Frounfelker and Dobies—5. Nays: Councilmember Breeding—1. Absent: Councilmember Greer—1.
B.
CONSIDERATION OF THE REQUEST TO APPROVE THE BID AWARD TO QUALITY ASPHALT PAVING, INC., HOMER, FOR A TOTAL COST OF $90,910.75, FOR THE INTER CITY TRAIL REPAVING CONTRACT, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE DOCUMENT(S), IN ACCORDANCE WITH THE RECOMMENDATION OF THE PURCHASING AGENT AND THE CITY ENGINEER/DIRECTOR OF PUBLIC WORKS.
Motion was made by Councilmember Schlecte and seconded by Councilmember Frounfelker to approve the request. The motion was lost due to the following tie vote. Yeas: Mayor Griffin and Councilmembers Schlecte and Frounfelker—3. Nays: Councilmembers Breeding, Jaquish and Dobies—3. Absent: Councilmember Greer—1.
CITY COUNCILMEMBERS’ COMMENTS. Councilmember Frounfelker asked if we are prepared for grass mowing this year and if the islands on Michigan and Steward can be kept up all season long. He inquired if MDOT is considering reconstructing W. Michigan Avenue from Brown to the Washington/Steward Street entrance to downtown, would this be the time to look at making Michigan Avenue 2-way coming out of downtown. He also asked if voter registration information has been updated to reflect changes due to the redistricting. The Clerk reported that all of our redistricting changes have been submitted to the State Bureau of Elections and when they complete those changes, we will send new ID cards to every registered voter. Councilmember Schlecte asked if additional “No Thru Traffic” signs could be put up on dead end streets such as Carr and Grinnell due to the West Avenue detour. She reminded everyone that a pancake breakfast will be held on Saturday, April 14, at 9:00 a.m. at St. Mary’s School in honor of Officer James
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Bonneau. She asked everyone to frequent those businesses that are probably losing business, due to the West Avenue construction. Councilmember Jaquish congratulated Kelli Hoover on her appointment and asked for updates on the Durand Street construction project. Councilmember Breeding reported that the City Affairs/Rules & Personnel Committee decided that Durand Street should be 26 feet in width, with parking on 1 side of the street and will recommend to the Council that a workable task force be appointed or selected to formalize a standardized street policy. She inquired about the Celena Charles’ invoice/special assessment matter and the excess trash at the home located behind the Charles’ residence. Deputy City Manager/Community Development Director Burtch reported that the Charles’ clean-up notice was sent to the last property owner of record and the other property is on a list to cite. Councilmember Jaquish inquired about excessive garbage at 1504 Deyo and Mr. Burtch reported that the property has been cited and condemned. Councilmember Jaquish asked for an update on railings for the West Avenue bridge. In response, Councilmember Schlecte reported that she attended a task force meeting earlier in the day, an MDOT employee took her information and will be in contact with her. Mayor Griffin congratulated Kelli Hoover on her appointment, stating she certainly earned it and she does an excellent job. The City is known for its recreation programs and Kelli is the face of these programs. He has received many phone calls supporting this appointment and believes her parents are looking down on her with pride.
MANAGER’S COMMENTS.
None.
ADJOURNMENT.
No further business being presented, Mayor Griffin adjourned the meeting at 7:35 p.m.
Lynn Fessel
City Clerk